The Role of Mediation in Insurance Litigation

In the many stages of insurance litigation, mediation generally happens before trial. The judge often orders mediation to be held before heading to a trial. Alternatively, the parties can agree to mediate earlier without a court order. What is Mediation? Mediation is led by a neutral third-party (the mediator) who works with the disputing parties to reach an agreement. Important

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What Happens During Discovery?

Insurance litigation can be a lengthy process. While we do our best to keep things moving forward, each step takes time, especially when we find ourselves waiting on the opposition. But what we’ve found to be most helpful for our clients is educating them on what to expect and keeping them informed of our progress every step of the way. To

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How to Create a Home Inventory

Working in insurance litigation, we can’t stress to our clients enough the importance of creating (and regularly updating) an inventory of your home and possessions. While it’s easy to think you’ll remember everything you have in your house and be able to write it all down if something truly does happen, that’s not always the case, especially in moments of

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What Policy Holders Need to Know about Assignment of Benefits Reform in Florida

Over the past decade across Florida, we have seen skyrocketing property insurance rates. According to the insurance companies, this is in large part due to litigation initiated by some restoration and mitigation companies utilizing the Assignment of Benefits (AOB) clause in insurance contracts. What insurance companies claim was happening with Assignment of Benefits Ill-intentioned contractors were getting policyholders to sign

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Tenants’ Rights: Understanding Your Security Deposit

When you choose to rent or lease a property, you’re making the choice to enter into a contractual obligation with a landlord. Every contract will have its differences, but a big part of nearly every renter’s agreement is the security deposit. While not required by law (though there are laws to govern its application, specifically Florida Statue §83.49, most landlords

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What to Look for in a Property Insurance Attorney

Whether you’ve potentially experienced bad faith by your insurance company or you simply want legal guidance on your side from day one when you file a property insurance claim in Florida, there are many factors you should weigh as you look for an experienced and reputable attorney to help you find justice. More than anything, you should look for an

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What to Expect When Filing a Lawsuit Against Your Property Insurance Company in Florida

For most of our Florida clients, entering into insurance litigation feels like entering into uncharted territory. It’s intimidating, daunting, and completely unknown. At Silverberg | Brito, PLLC, we understand this wholeheartedly, which is why it’s our priority to make sure our clients feel understood and informed throughout the entire process. If you filed a claim that your property insurance company

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How Long Does Insurance Litigation Take?

When clients come to us with questions about insurance litigation, one that always rises to the top is, “How long will it take?” This is an understandably big concern. We know how challenging it can be to wait in limbo and remain uneasy about your case against your insurance company.   While the answer truly does depend on your case,

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Tenant’s Rights: Know What Should be in your Residential and Commercial Leases

When renting or leasing a space, you, as the tenant, as well as your landlord each maintain certain rights and responsibilities. Many of these are spelled out in the lease agreement, but not all of them may be. Before signing any kind of lease, it’s important to carefully read the full terms and ask questions if you don’t understand something.

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The Most Common Claims that Receive Their Full Property Damage Claim Amounts

As a property owner, you take pride in the home and life you’ve built, and you want to protect your property as best as you can.  One action you take is insuring your property so that you’re covered in the event of a disaster. As a hard-working Floridian, it only makes sense that you want to do everything in your

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10 Tips on Staying Safe After a Hurricane

While we’re accustomed to heeding warnings leading up to a hurricane and most of us do our part to protect our property and families before and during a storm by checking off the items on our hurricane checklist and packing our emergency hurricane go-bag, it can be easy to let the importance of taking safety precautions after a storm slide in

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12 Essential Items You Need to Pack in Your Hurricane Go-Bag

Whether you’re new to Florida or have been living in the greater Miami area for most or all of your lives like we have, you know the kind of life-threatening damage a major storm can inflict. While there’s no stopping the winds and rains, we can do our part to ensure that our homes are properly protected and that we

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Tenants’ Rights: What to Know About Mold

In this second of our series on tenants’ rights, we dive into the topic of mold in your rented or leased space. (Missed our first post in the series on tenants’ rights? Check out what to know about wind and water damage. As discussed, a tenant is entitled to certain rights including being provided a safe and livable home or

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When Should You Hire an Attorney for Your Insurance Claim

Throughout Florida, we’re no strangers to extreme weather events that can wreak havoc on our properties and cause serious devastation in our lives (P.S. – Are you prepared for this year’s storm season? Check out our hurricane checklist and start taking action today.). But it’s not just weather events that may prompt us to file a claim with our insurance

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How Big of a Claim do I need in Order to Qualify for Insurance Litigation?

Here’s the short answer: There’s no claim too big or too small to qualify for an insurance case. Now let’s walk through the longer answer in a bit more detail. When you experience damage to your property – no matter the size – it causes more than just an inconvenience. Whether it’s your home or business property, rental or investment

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Tenants’ Rights: What to Know About Wind and Water Damage

If you’re renting or leasing a space, you’re entitled to certain tenant rights including being provided a safe and suitable living space that is sheltered from wind, water, and other elements. But as a tenant, it can sometimes feel unclear as to who is responsible for taking care of certain repairs and damage, especially those resulting from a major storm

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Buying a Property in SoFla this Summer: Here’s what You Need to Know

The real estate market in South Florida is booming, and for us Miamians, it’s not surprising to see why. With plenty of sunshine, beaches, and endless opportunities for entertainment and culture, buying a home in any of our great communities is a no-brainer. But buying a house is not all sunshine and roses. There are some serious considerations you need

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Your Hurricane Checklist: How to Prepare for This Year’s Storm Season

As Miamians, if there’s one thing we know with certainty, it’s that there will be a storm season. It’s never an “if” or even a “when.” It’s a “how big will it be” state of mind that we’ve come to expect as summer rolls around each year. And while we can’t stop the winds and rains, one thing we can

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What You Didn’t Know about Insurance Litigation

Spoiler alert: insurance litigation doesn’t cost you a dime. When you purchase property insurance, you do so with the understanding that the terms set forth in the policy agreement will be followed through in the event of an unforeseen disaster. And many insurance companies do act in good faith to handle claims fully and in accordance with the policy. But

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Hurricane Irma

We all hear in Miami and Miami-Dade County about Hurricane Irma. We are preparing for what to do in Miami when Hurricane Irma comes. First, make sure you have your supplies. Make sure to protect your valuables and take pictures of your insurance documents. Put your treasures in ziploc and waterproof containers. Take pictures and videos of your homes, fences,

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Steven Silverberg, Esq. Published in St. Thomas Law Review

Recently, managing partner, Steven Silverberg, Esq. was published in the St. Thomas Law Review! Steven worked tirelessly on his paper regarding the option to repair. He credits his family and friends for all their input in helping him to get published on the issue of the Option to Repair for the State of Florida. The Option to Repair is a

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2017 Legislative Session

I recently went to Tallahassee to meet with the Miami-Dade delegation and some lobbying groups. What I found was going on there is fascinating. First, the Miami-Dade delegation is in extremely powerful seats including the second most powerful, which is Carlos Trujillo, as chair of the appropriations committee. He is the chair of the committee who controls the State purse.

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What do I do after Hurricane Matthew damaged my home?

The quick and dirty answer is protect your property from further damage because of Hurricane Matthew. This may be done by calling a restoration company, putting a bucket under anything leaking, putting a tarp over your roof, and of course cleaning up any standing water. Make sure you document the damages by taking pictures and videos of the damages to

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Heritage Property & Casualty Insurance Company’s Less than Ethical Behavoir

At Silverberg|Brito, PLLC not only do we focus on our clients but we are keeping track of the insurance industry as a whole. As many may know, recently, Heritage P&C requested a rate hike of approximately 14.9% throughout the State of Florida. After receiving intense public scrutiny, Heritage relinquished and did not raise rates. However, let’s look at whether Heritage

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Citizens Property Insurance Corporation policy changes

As this is my first blog, I will assume no one has seen the recent policy changes that Citizens Property Insurance Corporation has just approved to their 2016 policy to curtail water damage claim costs. Some of the highlights are limiting coverage for emergency services and temporary repairs to an amount between $2,500 and $5,000 prior to reporting of the

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